West Virginia Code Chapter 64. Legislative Rules § 64-3-1. Department of Environmental Protection

(a) The legislative rule filed in the State Register on July 21, 2022, authorized under the authority of § 22-5-4 of this code, relating to the Department of Environmental Protection (standards of performance for new stationary sources, 45 CSR 16), is authorized.

(b) The legislative rule filed in the State Register on July 21, 2022, authorized under the authority of § 22-5-4 of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 20, 2022, relating to the Department of Environmental Protection (requirements for operating permits, 45 CSR 30), is authorized with the amendment set forth below:

On page 39, subdivision 8.1.a.1, by striking the number “$15,000” and inserting in lieu thereof the number “$5,000”.

(c) The legislative rule filed in the State Register on July 21, 2022, authorized under the authority of § 22-5-4 of this code, relating to the Department of Environmental Protection (emission standards for hazardous air pollutants, 45 CSR 34), is authorized.

(d) The legislative rule filed in the State Register on July 21, 2022, authorized under the authority of § 22-5-4 of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 16, 2022, relating to the Department of Environmental Protection (control of ozone season nitrogen oxides emissions, 45 CSR 40), is authorized.

(e) The legislative rule filed in the State Register on May 26, 2022, authorized under the authority of § 22-4-4 of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 6, 2022, relating to the Department of Environmental Protection (rules for quarrying and reclamation, 38 CSR 03), is authorized.

(f) The legislative rule filed in the State Register on July 29, 2022, authorized under the authority of § 22-15A-19 of this code, relating to the Department of Environmental Protection (recycling assistance grant program, 33 CSR 10), is authorized.

(g) The legislative rule filed in the State Register on July 29, 2022, authorized under the authority of § 22-15A-30 of this code, modified by the Department of Environmental Protection to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 14, 2022, relating to the Department of Environmental Protection (Reclamation of Abandoned and Dilapidated Properties Grant Program, 33 CSR 13), is authorized with the following amendment:

On page 2, after subdivision 4.1.b., by inserting a new subdivision 4.1.c. to read as follows:

“4.1.c. This project shall give priority to structures near highly visible traffic areas, tourism corridors, and/or common open space.”